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Rukminbai Shlok Kandgule & Ors vs The State Of Mah on 8 December, 2017 cites

Atbir vs Govt. Of N.C.T Of Delhi on 9 August, 2010

10. The learned A.P.P. further relied on the judgment in the case of Atbir Vs. Government of N.C.T. of Delhi, AIR 2010 SC 3477, in support of her contention that if a dying declaration is found to be voluntary and truthful, it can form the sole basis of conviction even without corroboration. She submits that that the deceased Shivnanda gave the dying declaration (Exh.63) when she was in a fit state of mind. It was voluntary and truthful. It was not influenced by any other person or the outcome of imagination. It creates great confidence. She, therefore, submits that the learned Trial Judge has rightly believed the said dying declaration and rightly convicted the appellants on the basis thereof.
Supreme Court of India Cites 21 - Cited by 186 - P Sathasivam - Full Document

Raju Trambak Magare And Ors. And Laxman ... vs State Of Maharashtra on 12 December, 2000

9. As against this, the learned A.P.P. submits that there is positive and dependable evidence of PHC Patil and Dr. Alangekar to show that the deceased Shivnanda was in a fit state of mind to give statement at the time when it was recorded by PHC Patil. She submits that when PHC Patil and Dr. Alangekar deposed before the Court that the deceased Shivnanda was in a fit state of mind to give statement, even in the absence of any specific endorsement that the deceased was conscious, oriented and in a fit state of mind to give statement, the competency of the deceased Shivnanda to give statement cannot be questioned. She relief on the judgment in the case of Laxman Vs. State of Maharashtra AIR 2002 SC 2973, wherein it is held that even absence of certification of doctor as to fitness of mind of declarant at the time of giving declaration would not have any adverse effect on the veracity of the dying declaration. A certification by the doctor is essentially a rule of caution and therefore, voluntary and truthful nature of the dying declaration can be ::: Uploaded on - 21/12/2017 ::: Downloaded on - 22/12/2017 23:28:43 ::: 10 criapl421-2006 established otherwise. It is further observed that what essentially required is that the person who records a dying declaration must be satisfied that the declarant was in a fit state of mind. Where it is proved by the testimony of the Magistrate that the declarant was fit to make the statement, even without examination of the doctor the declaration can be acted upon provided the Court holds the same to be voluntary and truthful.
Supreme Court of India Cites 7 - Cited by 62 - Full Document
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